Free Letter - District Court of Delaware - Delaware

Case 1 :04-cv-00343-JJF Document 780 Filed 09/04/2007 Page 1 of 2
CON NOLLY BOVEI LODGE 8c HUTZ LLP
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` September 4, 2007
Via Ejile, E-mail and Hand—Delive1jy
The Honorable Vincent J. Poppiti
Blank Rome LLP
1201 Market Street, Suite 800
Wilmington, DE 19801
Re: LG.Plzilq2s LCD C0., Ltd. v. ViewSonic Corporation, et al.
USDC Case No. 04-343 JJF
Dear Special Master Poppiti:
As per Mr. Kirk's and my discussion with Your Honor on Friday, August 31, 2007,
attached please find a revised proposed order incorporating some of the changes proposed by
LPL. The parties were not, however, able to reach agreement on all of the changes proposed by
LPL. We understand LPL is preparing a "blackline" of the document for submission to the
Court with proposed changes.
With respect to LPL's anticipated changes to the proposed report, ViewSonic respectfully
submits that LPL's edits are not acceptable because they do not reflect the state of the record
before Your Honor. ViewSonic requested LPL to identify citations to the record where these
points were raised, and LPL has not provided any such citations. The issues of LPL's failure to
produce the materials previously were the subject of discussion during at least two sessions, and
appeared to ViewSonic to be important in your evaluation of the issue of burden raised by LPL.
LPL has advised ViewSonic that if this portion of the Report remains as drafted, it will insist on
augmenting the record with arguments not made during the hearing, which ViewSonic feels is
equally inappropriate.
Likewise, the issue of changing the Delaware practice and previous agreement that have `
governed all prior depositions in this case as to instructions not to answer and location was never
raised, and should not be inserted into the record at this time. Accordingly, ViewSonic
respectfully requests the Court enter a Report and Recommendations substantially similar to the
clean copy attached hereto.
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Case 1:O4—cv—OO343-JJF Document 780 Filed O9/O4/2007 Page 2 of 2 Q
yé CONNOLLY Bova: LODGE ar HUTZ LLP
The Honorable Vincent J. Poppiti
September 4, 2007
Page 2
Counsel remains, as always, available to discuss these or any other issues with the
Special Master at Your Honor's convenience.
Respectfully submitted,
/s/ James D. Heisman
James D. Heisman (# 2746)
Enclosure
xc: All Counsel of Record
562019/70104*4
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Case 1:04-cv-00343-JJF

Document 780

Filed 09/04/2007

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Case 1:04-cv-00343-JJF

Document 780

Filed 09/04/2007

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